When a particular requested use is not allowed within a particular zoning district, the owner or applicant with the owners consent may request a change in the zoning on a specific parcel of land. Most typically the request is being made to satisfy a desire to divide property at a density that is not allowed by the zoning or the request is made to satisfy a desire to undertake certain uses, such a commercial or industrial uses in a zoning where those uses are not allowed.
Each zoning district has a list of uses that are permitted by right. However, there are certain uses that may be more intensive or beyond the intent of those permitted uses. When this occurs the Lake County Board of County Commissioners has specified that certain uses may be requested under a Conditional Use Permit. These uses may be of a transient, limited or temporary nature that may not require a full change in the zoning of the property.
The Lake County Land Development Regulation provides a table of permitted and conditional uses for each zoning district. Schedule of Permitted and Conditional Uses (Table 3.01.03 via Municode.com)
Each permitted and conditional use also has a description of the use type: Permitted (Section 3.01.02 via Municode.com)
Conditional Uses - (Section 3.01.04 via Municode.com)
Lake County has four planned zoning district designations. These are the CP (Planned Commercial), MP (Planned Industrial), PUD (Planned Unit Development) and CFD (Community Facility District). These districts differ from straight zoning (R-1, R-6, C-1, LM, etc.) in that any requested use must be specifically requested and included in the ordinance approving the rezoning of the property. If there is an existing planned zoning on a property and the requested use is listed in the approving ordinance as a permitted use, then no change to the approving ordinance is needed. If the requested use is not listed as permitted, then the approving ordinance must be requested by rezoning application to be amended to include the desired use.
Planned Unit Developments, Mining Site Plans and Conditional Use Permits for Land Application or Spraying of effluent or sludge must also under go the Development Review Process.
How do I file my request for a rezoning or conditional use permit?
The applications are available online (see below) or from the Planning & Community Design and Customer Services offices.
The application deadline is the first day of the month. The application will be processed, reviewed and scheduled for the Planning & Zoning Board and Board of County Commissioner meetings the second month following the application deadline. An example would be if a complete and sufficient application were filed by the deadline on May 1 the public hearing for that application request would be heard in July.
The Planning & Zoning Board meeting is typically scheduled for the first Wednesday of the hearing month. The Board of County Commissioners typically hears requests for rezoning on the fourth Tuesday of the scheduled hearing month. Once the Board of County Commissioners takes action whether for approval, approval with conditions, or denial, that is the final action, barring appeal of the decision via Circuit Court.
Upon approval, approval with conditions or denial, the applicant will be notified in writing as to the decision of the Board of County Commissioners.
Public Hearings for rezoning are a quasi-judicial process, sort of like presenting evidence in court. Decisions are made by the Planning & Zoning Board and the Board of County Commissioners based on competent substantial evidence presented to them during the hearing.
The Planning & Zoning Board makes recommendations for final action to the Board of County Commissioners.
The Board of County Commissioners make the final determination for approval, approval with conditions or denial of a requested zoning change or conditional use permit.